Lane v. Riverview Hospital

835 F.3d 691, 2016 U.S. App. LEXIS 15822, 100 Empl. Prac. Dec. (CCH) 45,625, 129 Fair Empl. Prac. Cas. (BNA) 844, 2016 WL 4492397
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 26, 2016
DocketNo. 15-1118
StatusPublished
Cited by36 cases

This text of 835 F.3d 691 (Lane v. Riverview Hospital) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lane v. Riverview Hospital, 835 F.3d 691, 2016 U.S. App. LEXIS 15822, 100 Empl. Prac. Dec. (CCH) 45,625, 129 Fair Empl. Prac. Cas. (BNA) 844, 2016 WL 4492397 (7th Cir. 2016).

Opinion

HAMILTON, Circuit Judge

Plaintiff Chris Lane sued Riverview Hospital, his former employer, for race discrimination in terminating his employment as a security guard at the hospital. The district court granted summary judgment for the defendant. We affirm.

We review a grant of summary judgment de novo, and we give the non-moving party the benefit of conflicts in the evidence and of any inferences in his favor that might reasonably be drawn from the evidence. See Mintz v. Caterpillar Inc., 788 F.3d 673, 679 (7th Cir. 2015). Our account of the facts is filtered through that summary judgment lens.

Lane is African American and began working as a security guard at Riverview Hospital in 1999. He had a successful employment record at the hospital, without any formal discipline until the event at the center of this lawsuit.

In August 2012, a 17-year-old male autistic patient started hitting, swinging at, and kicking his caregivers. The situation had gotten so far out of hand that the health care professionals were afraid to approach the young man or'to enter the room. A nurse summoned security.

Lane responded and entered the room. He saw the patient kick one of the staff in the back. Lane then tried to restrain the patient, who tried to bite him and then spit in Lane’s mouth. As the patient prepared to spit again, Lane slapped him in the face with his open palm, making “solid contact.” The patient settled down and stopped swinging and kicking at Lane and the health care professionals in the room.

After the incident, Lane completed a written report for the hospital explaining why he thought the slap was justified under the circumstances. He also filed a report with the Sheriffs Department, where he had status as a special deputy as a condition of his work for the hospital. The recipients of these reports concluded he had shown poor judgment and had overreacted without trying less violent steps to gain control of the situation. The Sheriffs Department actually sought to file a criminal assault charge against Lane, but the prosecutor declined to bring a charge.

At the hospital, the outcome was different. Ann Kuzee, the hospital’s director of human resources, also investigated the incident. Kuzee reviews and enforces River-view’s rules, policies, and procedures, and she becomes involved any time a supervisor proposes to discipline or fire an employee who is not a physician. Kuzee does not have the final say in whether to fire an employee. Her recommendations are presented to the Executive Steering Committee for decision.

After confirming with Lane that he had in fact slapped the patient, Kuzee recommended that his employment be terminated. The hospital has a policy on restraints that prohibits “any form of restraint that is not medically necessary or is used as a means of coercion, discipline, convenience, or retaliation by staff,” and another policy prohibits acts or threats of violence. The Executive Steering Committee approved Kuzee’s recommendation on the condition that she consult the Sheriffs Department about whether the force used by Lane, a deputized officer, was appropriate. A major at the Sheriffs Department told Kuzee [695]*695that he thought Lane’s slap was not an appropriate use of force for the situation.

The hospital told Lane that if he did not resign, he would be fired. He chose to resign a few days later. The district court treated the situation as a constructive discharge, and that point is not at issue in the appeal.

After exhausting administrative remedies through a complaint to the Equal Employment Opportunity Commission, Lane filed suit for race discrimination in employment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a), and 42 U.S.C. § 1981. We analyze Title VII and § 1981 claims under the same framework. E.g., Whitfield v. Int’l Truck & Engine Corp., 755 F.3d 438, 442 (7th Cir. 2014).

If that were the entire story, we would have an employer’s disciplinary decision that would be well within an employer’s discretion to make. The question is whether Lane offered enough additional evidence to permit a reasonable inference of race discrimination in the decision.

Plaintiff Lane does not rely on the McDonnell Douglas indirect method of proof or any of its variations. See generally McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). He also does not have evidence directly indicating that Kuzee or any other decision-maker was motivated by racial animus. He tries instead to put together what we have often called a “convincing mosaic” of circumstantial evidence to support an inference of discrimination. See Castro v. DeVry Univ., Inc., 786 F.3d 559, 564 (7th Cir. 2015); Hutt v. AbbVie Products LLC, 757 F.3d 687, 691 (7th Cir. 2014); Perez v. Thorntons, Inc., 731 F.3d 699, 703 (7th Cir. 2013); see also Coleman v. Donahoe, 667 F.3d 835, 863 (7th Cir. 2012) (Wood, J., concurring) (suggesting that courts avoid unduly formal methods of analyzing discrimination and focus instead on whether circumstances could permit inference of discrimination). The phrase “convincing mosaic” is not a legal test but a metaphor. It describes a case built on circumstantial evidence, in this case about the reasons for the hospital’s decision to fire Lane. The core issue is whether Lane has offered evidence that would allow a reasonable jury to infer that he would not have been fired if he were not African American and everything else remained the same. See Sylvester v. SOS Children’s Villages Illinois, Inc., 453 F.3d 900, 903-04 (7th Cir. 2006); Achor v. Riverside Golf Club, 117 F.3d 339, 341 (7th Cir. 1997).

Lane relies on four incidents to support an inference of race discrimination: an arguably similar incident involving a white nurse; Kuzee’s factually incorrect response to the EEOC about her knowledge of that earlier incident; and one comment and one question by Kuzee about race.

First, Lane compares his slap of the autistic patient to another incident involving nurse Matt Rainey, who was not disciplined at all, let alone fired. Rainey was assigned to a young girl brought to the emergency room in February 2011. The girl’s mother, Jessi Arreola, argued with Rainey about his treatmént of her daughter. As Rainey was leaving the room, Arreola tried to follow him out. Rainey was closing the door behind him when Arreola grabbed the handle to keep him from closing her in the room.

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835 F.3d 691, 2016 U.S. App. LEXIS 15822, 100 Empl. Prac. Dec. (CCH) 45,625, 129 Fair Empl. Prac. Cas. (BNA) 844, 2016 WL 4492397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lane-v-riverview-hospital-ca7-2016.